Sep 29, 2012

Dangers Ahead Of The Philippine Cybercrime Prevention Act of 2012

You might have heard over the news about groups of media practitioners and bloggers opposing the newly passed cybercrime law. Well, they have all the reason to stand against it and since I'm also a small time (to the 100th power) blogger myself, my sentiments goes out the organizations who cared about freedom of speech, of expression or of the the press in this corrupt stricken country.

Generally, the law has a good intention because it protects the public from cyber crimes that lurks around the vast and dangerous web space, but at the same time, without any regard to human rights, they inserted a provision about Libel on Section 4 (c)(3) which could now be committed though a computer system or any similar means which may be devised in the future. This is where the danger lays for media practitioners, bloggers and everyone in totality with a very nasty penalty once violated.

Libel on the Revised Penal code is defined as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to cause dishonor, discredit, or contempt of a natural or judicial person, or to blacken the memory of one who is dead. From this definition on Article 353 of the aforementioned code, it will seemed like nobody will be allowed to say something anymore about a certain person or company since it might be imputed as a dishonor, discredit or contempt by the other party. People doesn't have the freedom of expression anymore and for media personalities and bloggers, both freedom of expression and the press. We will all be incapacitated to criticize anyone or any company. People will just have to play mute, deaf and blind of the happenings around them.

And who do you think will gain from all this human right restrictions, yup, you guess it right, the Congressmen and Senators who approved the bill, the very people who wants to protect their vested political interest against web or computer published criticisms of their corrupt practices. Did you hear any opposition from politicians when they created this bill few months ago? Nope, only now when the bill was brought to public knowledge.

But should everyone really be afraid of this particular law? A big no of course in terms of Libel, its just a provision put into law that "cannot" outweigh the Constitutional Rights of a person which are the baseline of all laws currently enacted. No laws, rules or regulations can defeat any of the basic rights of a person on matters of  freedom of speech, of expression or of the the press. Constitution will always prevail.

What I'm just against here is the blatant and implied violation of the aforementioned right made by imbecile politicians. They should have asked constitutionalists first before passing the bill into law or had waited for the decision of the Supreme Court on the matter because in the end, it might just be invalidated or dubbed unconstitutional.

This imbecile politicians just want to protect themselves, hide their acts and silence the Filipino people who cares for their country.


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